Rance v. State
Rance v. State
Opinion of the Court
OPINION ON REMAND
Appellant was indicted for possession of cocaine in an amount less than 28 grams. After the trial court denied his motion to suppress the evidence, appellant waived his right to a jury trial, entered a plea of guilty, and confessed to the allegations in the indictment. The trial court found him guilty and assessed punishment, as recommended by the State, at 15 years’ confinement. On original submission, this court affirmed the trial court’s denial of appellant’s motion to suppress, finding appellant’s warrantless arrest justified under Tex.Code Crim.Proo.Ann. art. 14.03(a)(1). See Rance v. State, 789 S.W.2d 337 (Tex.App.—Houston [14th Dist.] 1990), rev’d and remanded, 815 S.W.2d 633 (Tex.Crim.App. 1991). On appellant’s petition for discretionary review, the Court of Criminal Appeals reversed and remanded the cause for proceedings consistent with its opinion. See Rance v. State, 815 S.W.2d 633 (Tex.Crim.App. 1991). The judgment of the trial court is reversed and remanded and the evidence is ordered suppressed.
The facts of this case are sufficiently set forth in the Court of Criminal Appeal's opinion. In this court’s prior opinion, the majority held that “the police acted upon probable cause and in the reasonable belief that appellant was the man who had sold cocaine to the undercover officer” based on a description of the drug sellers given to the raid team by a police officer who had
Case-law data current through December 31, 2025. Source: CourtListener bulk data.